The case for the prosecution was based upon the presence of a strong
motive for the crime, the quarrel between the husband and wife, the
possession of arsenic (from the fly-papers) by the accused, the presence
of arsenic in various foods and medicines alleged by witnesses to have
been given to the deceased by his wife, and the discovery of arsenic in
the body after death. In addition to this, evidence was given by the
nurses that they had seen the prisoner manipulating the medicines, and by
doctors and relations of Mr. Maybrick that he was not in the habit of
taking arsenic.
For the defence it was urged that death was due to acute gastritis, which
was the result of a chill or improper food, and that arsenical poisoning
was not the cause; that the fly-papers had been purchased by the prisoner
for the preparation of a cosmetic for the face; and that the presence of
traces of arsenic in the body was fully accounted for by the fact that Mr.
Maybrick was an arsenic eater.
Several medical men expressed opinions strongly opposed to the views of
the prosecution, and it was pointed out by these that many of the symptoms
characteristic of poisoning by arsenic had not been observed in this case.
At the same time it was admitted that the effects produced by arsenic were
often erratic, and, as Dr. Stevenson stated in his evidence for the
prosecution, "There is no distinctive diagnostic symptom of arsenical
poisoning. The diagnostic thing is finding the arsenic."
The medical experts who gave evidence upon behalf of the prisoner were Dr.
Tidy (who, like Dr. Stevenson, was an official analyst to the Home
Office), Dr. Macnamara, and Professor Paul; and their view, which was
strongly expressed, was that all the symptoms which had been described to
them in the evidence pointed against arsenic having been the cause of
death.
The judge, in his summing up of the medical evidence, pointed out that
expert witnesses were liable at times to take up the position of advocates
with regard to scientific matters, and he warned the jury to take this
into consideration in forming their conclusions.
The analytical evidence as to the presence of arsenic in the body and in
the food and medicine was given by Dr. Stevenson and by Mr. Davis.
Davis had found no arsenic in the stomach, but it was discovered in the
liver and intestines. In the bottle of the meat juice he had found half a
grain in solution. Arsenic was present in the glass of the bottle, but to
a less extent than in the glass of another bottle of the meat juice, in
the contents of which no arsenic was present. Hence the glass could not
have been the source of the arsenic found in the other bottle.
Public-domain text, read in full here on John Shaqi.
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